Pre-paid returns missing, issue with refund

craigmadge

Hi

sorry for the long message below just looking for some guidance

In mid march i purchased some trainers from footpatrol, used them before always ok

unfortunately they did not fit so i completed the returns form and used the pre-paid royal mail 48 tracked sticker that came with them to return the package at my local post office.

I didnt hear anything so in mid April I checked the tracking and it says 'reached local sorting office' on april 1st then nothing

I emailed footpatrol who said to wait for tracking.

Another week goes by and i contact royal mail who said 'due to COVID we are experiencing delays however we dont know where the parcel is'

Another few days pass and I ask footpatrol to intervene, they reply saying i need to claim off royal mail for a lost item, I emailed royal mail who say the responsibility lies with the
person/company who paid for the postage i.e. not me and that the insurance for 48 hour tracked is £100, the trainers were £199

Anyway, ive emailed footpatrol back today who after asking for a full history have said that they have emailed royal mail to find out where the item is. They have also said that the package is my responsibility until it arrives back with them. Im just wondering where i stand with this as it seems wrong. There website returns faq doesn't stipulate anything on responsibility however digging into their t&cs it states

8.12 Finally, whenever You return Goods to Us either because You believe they are faulty or because You change Your mind, We ask that Goods are returned to Us, either by recorded delivery or courier (of which the cost and risk must be covered by You) so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.

This seems wrong and misleading as all their faq info and the info that comes in the packaging says use the prepaid forms that come with the package. I kept the proof of postage and have the tracking number

Basically am i goosed ?

the_lunatic_is_in_my_head

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Send them the above with a copy of the proof of posting showing it went back correctly. 

If they won't refund it's letter before action and small claims. 

If you don't have proof of posting you could try and squeeze something out of Royal Mail to confirm that tracking number links to the parcel going to the company's address. 

craigmadge

Thanks I do have proof of posting. 

Sorry I’m a bit of a dunce. Can you explain the above?

the_lunatic_is_in_my_head

craigmadge said:

Thanks I do have proof of posting. 

Sorry I’m a bit of a dunce. Can you explain the above?

The regs require you return the goods to the correct address but the refund isn't conditional upon the retailer receiving them. 

Once you provide them with the evidence they were correctly returned they should refund within 14 days. 

If they don't you can send a letter detailing the complaint and requesting the refund again whilst noting if they don't refund you'll file via small claims to recovery the money. 

These companies know the law but hope customers will go away when told no so it's very unlikely you'd actually need to file through small claims but in my view the regs clearly state you are entitled to a refund when cancelling the contract and the above situation occurs. 

craigmadge

the_lunatic_is_in_my_head said:

craigmadge said:

Thanks I do have proof of posting. 

Sorry I’m a bit of a dunce. Can you explain the above?

The regs require you return the goods to the correct address but the refund isn't conditional upon the retailer receiving them. 

Once you provide them with the evidence they were corretcly returned they should refund within 14 days. 

If they don't you can send a letter detailing the complaint and requesting the refund again whilst noting if they don't refund you'll file via small claims to recovery the money. 

These companies know the law but hope customers will go away when told no so it's very unlikely you'd actally need to file through small claims but in my view the regs cleraly state you are entitled to a refund when cancelling the contract and the above situation occurs. 

Ace. Thanks for your help

gutoffowc69

I have an issue with a return to Boots the chemist; I used thier returns form; it had royal mail tracking which shows it was delivered, but as I don't have a Post Office proof of postage (It was collected from our home by Royal Mail. They are refusing to give a refund. What should I do?

Alderbank

gutoffowc69 said:

I have an issue with a return to Boots the chemist; I used thier returns form; it had royal mail tracking which shows it was delivered, but as I don't have a Post Office proof of postage (It was collected from our home by Royal Mail. They are refusing to give a refund. What should I do?

Since you have Royal Mail tracking which shows it was delivered, you too have evidence of having sent the goods back which is what is required by the law.

Follow the instructions given above by @the_lunatic_is_in_my_head to @craigmadge.